33 U.S.C. § 1909: MARPOL Protocol; proposed…

Summary

The President may accept a proposed amendment to the MARPOL Protocol that the United States gets from the International Maritime Organization Secretary‑General under Article VI. The President can do this only after the Senate gives its advice and consent, except for certain kinds of amendments handled differently below. When an amendment affects Annex I, II, V, or VI, their appendices, or Protocol I, the Secretary of State may act for the United States after talking with the Secretary or the Administrator named in this law. Those officials must tell the Secretary of State what they think should be done at least 30 days before the Article VI objection period ends. After talking with the Secretary, the Secretary of State may also declare that the United States does not accept an amendment.

Title 33, §1909

Navigation and Navigable Waters, Source: USLM XML via OLRC

(a)Acceptance of certain amendments by the President

A proposed amendment to the MARPOL Protocol received by the United States from the Secretary-General of the International Maritime Organization pursuant to Article VI of the MARPOL Protocol, may be accepted on behalf of the United States by the President following the advice and consent of the Senate, except as provided for in subsection (b) of this section.

(b)Action on certain amendments by the Secretary of State

A proposed amendment to Annex I, II, V, or VI to the Convention, appendices to those Annexes, or Protocol I of the Convention received by the United States from the Secretary-General of the International Maritime Organization pursuant to Article VI of the MARPOL Protocol, may be the subject of appropriate action on behalf of the United States by the Secretary of State following consultation with the Secretary, or the Administrator as provided for in this chapter, who shall inform the Secretary of State as to what action he considers appropriate at least 30 days prior to the expiration of the period specified in Article VI of the MARPOL Protocol during which objection may be made to any amendment received.

(c)Declaration of nonacceptance by the Secretary of State

Following consultation with the Secretary, the Secretary of State may make a declaration that the United States does not accept an amendment proposed pursuant to Article VI of the MARPOL Protocol.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2008—Subsec. (b). Pub. L. 110–280 substituted “Annex I, II, V, or VI” for “Annex I, II, or V” and inserted “or the Administrator as provided for in this chapter,” after “Secretary,”. 1987—Subsec. (a). Pub. L. 100–220, § 2106(1), substituted “International Maritime Organization” for “Inter-Governmental Maritime Consultative Organization”. Subsec. (b). Pub. L. 100–220, § 2106(2), substituted “Annex I, II, or V to the Convention, appendices to those Annexes, or Protocol I of the Convention” for “Annex I or II, appendices to the Annexes, or Protocol I of the MARPOL Protocol,” and “International Maritime Organization” for “Inter-Governmental Maritime Consultative Organization”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1987 AmendmentAmendment by Pub. L. 100–220 effective Dec. 31, 1988, the date on which Annex V to the International Convention for the Prevention of Pollution from Ships, 1973, entered into force for the United States, see section 2002(a) of Pub. L. 100–220, set out as a note under section 1901 of this title.

§1909 Marpol Protocol; Proposed Amendments